Safeguarding Briefing - 2nd October 2023


Safeguarding Briefing from Andrew Hall

Safeguarding Briefing - 2nd October 2023

Disqualification by Association

From time to time I'm asked about the Disqualification under the Childcare Act 2006, and the management of its requirements by schools. You may remember there was some controversy when this was applied incorrectly several years ago. I have had a few emails about this lately and so I thought it would be worth sharing this video again. Disqualification as a result of the provisions of the 2006 act, can come from several issues and an enhanced DBS check may not uncover all of them. You can find out more information by following the link below:

Keeping Children Safe during Community Activities, After-School Clubs and Tuition 

The government guidance 'Keeping Children Safe in Out-of-School Settings' has now been updated and replaced by new guidance published on 19th September 2023. The new over-arching guidance document is called 'After-Schools clubs, community activities and tuition safeguarding guidance for providers' (Department of Education, September 2023). This is now the latest version of the guidance to be followed by organisations other than schools who work with children and young people. These organisations include (but are not limited to): 

  • Community activities
  • Before and after school clubs 
  • Holiday clubs 
  • Supplementary schools 
  • Private tuition 
  • Music lessons 
  • Sports training 

Although this guidance is non-statutory, it is to be regarded as best-practice. The Department of Education is encouraging organisations, clubs and tuition providers (known as out-of-school settings) to follow it. 

What schools need to know 

Keeping Children Safe in Education says that when schools hire their premises to organisations that work with children, they should check that the guidance in 'After-school clubs, community activities and tuition: safeguarding guidance for providers' (KCSIE, paragraphs 166 and 167 (DfE, September 2023)) is being followed.

'The governing body or proprietor should...ensure safeguarding requirements are included in any [hire agreement] as a condition of use and occupation of the premises; and that failure to comply with this would lead to termination of the agreement.' (KCSIE 2023, paragraph 166)

'The governing body or proprietor should ensure that there are arrangements in place for the provider to liaise with the school or college on [safeguarding] matters where appropriate'. (KCSIE 2023, paragraph 166)

Whilst it is incumbent on the provider to have read and acted on the guidance, the relevant person in the school should be be aware of this guidance, so that a suitable hire agreement can be drawn up. A checklist summarising the guidance can be found in 'After-school clubs, community activities, and tuition: Safeguarding guidance for providers' (DfE, 2023), pages 11 and 12. It is important to note that this checklist is only a summary and can only be regarded as a minimum expectation.

Changes from the Previous Guidance 'Keeping Children Safe in Out-of-School Settings' 

The new guidance strengthens the older documents in a number of areas, particularly in governance, working with children who have SEN and disabilities, staff recruitment and management, the record-keeping of training, the steps to take when a child goes missing from the activity. The new document clarifies a number of areas, including that no external visitors should be observing the session unless they have identified themselves and signed in. 

The guidance reminds organizations that in June 2022, the Sexual Offences Act 2003, was changed to include a broader range of roles in the 'position of trust' offence. In addition to teachers, these rules now prevent adults from engaging in sexual activity with a person who is 16 or 17 years old who they are coaching, teaching, training, supervising or instructing in a sport or religion. 

Working with Schools 

To ensure that nothing falls through the gaps, the out-of-school settings guidance says: 

'If you use a school, college or local authority premises, they...must continue to have regard to KCSIE....when using school premises you should continue to implement this guidance for example, appointing your own DSL and putting in place safeguarding policies and procedures specific to your activity. However, you must also comply with any terms that the school, college or local authority sets. 

Check that the school or college has included safeguarding in their rental or hire agreement; or memorandum of understanding if there is no formal contract.' (See 'After-school cubs, community activities, and tuition: Safeguarding guidance for providers.) (Department of Education, 2023. Pg. 47.) 


For Providers: 

After-school clubs, community activities, and tuition Safeguarding guidance for providers (Department of Education, 2023.)

Summary of the Guidance:

Keeping children safe during clubs, tuition and activities summary leaflet for providers running out-of-school settings (Department of Education, 2023.),%20tuition%20and%20activities%20-%20provider%20leaflet.pdf

For Parents: 

Keeping children safe during clubs, tuition and activities summary leaflet for providers running out-of-school settings (Department of Education, 2023.) 

What to Do Now

If your school hires out their premises to an organization working with children and young people, the hire agreement should be reviewed to ensure that reference is made to the updated guidance: 'After-school clubs, community activities, and tuition safeguarding guidance for providers'. (Department of Education, 2023.) 

Schools should check their hirers meet the (minimum) standards listed in the checklist on pages 11 to 12 (of 'After-school clubs, community activities, and tuition safeguarding guidance for providers') (Department of Education, 2023.) 

SEND DSL Forum - London Grid for Learning

The London Grid for Learning has been looking at organising a forum for DSLs who work in SEND schools, or in schools with a high proportion of pupils with SEND. The forum is designed to be a free gathering for DSLs with the objective to allow you to network with others in the same position. Forums such as these are important to any work environment, and child protection is no different. Learning from others, and finding how to implement the aspects of your role better is of prime interest to any DSL. They are currently looking for DSL input in order to shape the forum, to best achieve its objectives. If you're interested in helping to make this forum the best it can be, then please follow the link below:

Did Someone Forward this Safeguarding Briefing to You?

If you would like to receive your own copy of the Safeguarding Briefing, simply go to:

Supervision for DSLs - Supervision in School 

Supervision in School is a firm led by Julia Davey, a lead supervisor with over two decades of experience focusing in SEND and safeguarding. They specialize in improving supervision in educational establishments. Supervision is an important aspect of administering a school. Investing in its improvement is of immense benefit, and well worth undertaking. If you're interested in acquiring their services, then you can schedule a free 15-minute conversation with them to tailor a supervision solution to your school. Please follow the link below to find out more:

Forthcoming Courses

Advanced Safeguarding for DSLs

This is a four-session course for DSLs over a full-day. The course is offered live and as a recorded replay. When the course is live, there are plenty of opportunities to contribute with observations, questions or answers. As a recording, the interactions from other people are included and feedback notes that this makes it feel like you are not on your own.

"I came to a session in Birmingham back in 2019 (the day after the GE I think) and it was superb. Today [online] was just as good, if not better. The use of video mixed with live speaking was excellent and goes way beyond what other safeguarding courses provide. You've been there and done it, and your openness with your own story is inspirational." 

LIVE ON LOCATION remember that you can book Andrew to visit your school, cluster or MAT to share his DSL course. Please contact us for details and bookings.

Next Advanced Safeguarding for DSLs Course (Online) Thursday 5th October 2023, 10am - 4pm Book Online

Following Advanced Safeguarding for DSLs Course (Online) Thursday 16th November 2023, 10am - 4pm Book Online

The on-demand course is always available and has been updated for September 2023 Book Online

Whole School Safeguarding CPD Online Session for 2023

In this two and half hour online presentation aimed at staff in all roles, specialist safeguarding consultant, Andrew Hall, explores important aspects of safeguarding in schools including child protection, learning from case studies and the latest version of Keeping Children Safe in Education.

"In my excitement, I forgot to add our star rating to the Safeguarding training we have just watched. If we could, we would give it 10 stars! That was the best Safeguarding training we have ever had, thank you so much. Feedback from staff has, so far, been overwhelmingly positive…I can't thank you enough."

"I would like to extend my thanks to Andrew for his fantastic online training. It was filmed so well - almost as if he were here with us! We were kept engaged throughout and felt so well informed - a huge thank you. It was a real success, and we look forward to booking you again in the future - with the staff team saying it was the best safeguarding training they have ever had. We really appreciated Andrew's real-life storytelling and the way such sensitive information was shared - it was excellent training."

Watch extracts from last year's presentation here:

You can book your online session here:

Until next week, keep safe. 

Andrew Hall
Specialist Safeguarding Consultant,
Director, Success In Schools Ltd.